(1)The Secretary (with the concurrence of the agency concerned) may assign a member of the Service to any position classified under section
3981 of this title in which that member is eligible to serve (other than as chief of mission or ambassador at large), and may assign a member from one such position to another such position as the needs of the Service may require.
(2)In making assignments under paragraph (1), the Secretary shall assure that a member of the Service is not assigned to a position at a post in a particular geographic area exclusively on the basis of the race, ethnicity, or religion of that member.
(b) Filling of positions by members of Service; employment of members of State Department and other agencies
Positions designated as Foreign Service positions normally shall be filled by the assignment of members of the Service to those positions. Subject to that limitation—
(1)Foreign Service positions may be filled by the assignment for specified tours of duty of employees of the Department and, under interagency agreements, employees of other agencies; and
(2)Senior Foreign Service positions may also be filled by other members of the Service.
(c) Charge d’affaires
The President may assign a career member of the Service to serve as charge d’affaires or otherwise as the head of a mission (or as the head of a United States office abroad which is designated under section
3902(a)(3) of this title by the Secretary of State as diplomatic in nature) for such period as the public interest may require.
(d) Competitive ability with respect to chief of mission positions and for assignments outside areas of specialization
The Secretary of State, in conjunction with the heads of the other agencies utilizing the Foreign Service personnel system, shall implement policies and procedures to insure that Foreign Service officers and members of the Senior Foreign Service of all agencies are able to compete for chief of mission positions and have opportunities on an equal basis to compete for assignments outside their areas of specialization.
3902(a)(3) of this title, referred to in subsec. (c), was redesignated section
3902(3) of this title pursuant to Pub. L. 98–164, which struck out the designation “(a)” and subsec. (b) ofsection
Functions of President under subsec. (c) delegated to Secretary of State, see section 1 of Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as a note under section
3901 of this title.
Report Respecting Policies and Procedures Adopted To Improve Competitive Ability of Personnel
Section 130(c) ofPub. L. 98–164directed Secretary of State, not later than one year after Nov. 22, 1983, to submit a report to Speaker of House of Representatives and chairman of Committee on Foreign Relations of Senate describing policies and procedures adopted pursuant to the amendment made by section 130(b) ofPub. L. 98–164, adding subsec. (d) of this section, prior to repeal by Pub. L. 103–236, title I, § 139(10),Apr. 30, 1994, 108 Stat. 398.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Statutes at Large
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